6. Regulatory Reform Proposal for Urban Mobility in India

6. Regulatory Reform Proposal for Urban Mobility in India

Based on research on the regulatory framework in select cities, engagement with stakeholders and analysis of regulators in other sectors and countries, the following regulatory reforms can be undertaken in the urban mobility sector:

1. Technical body for setting standards

The Indian Road Congress (IRC) is a registered society of highway engineers that hosts a national forum for exchanging ideas on planning, design and construction of roads and highways. It works closely with the Government to sets codes of practice, specifications and standards. However, the focus is only on roads, without regard to essential features such as access for non-motorized mobility, planning for vending zones, bus and para transit stops, lighting, tree shade, water permeability. Also, the recommendations are not mandatory when cities design urban mobility infrastructure.

In its place, a technical organization- the Central Mobility Authority- can be set up under a central act to conduct research, provide technical guidance and provide statutory standards that are mandatory for states to follow. The proposed authority is to be set up separately from the state Sustainable Urban Mobility Act.

2. Institutional framework

There is currently no law governing urban mobility. Since transport is concurrent subject, states can legislate on mobility. Institutional reform in the urban mobility sector can be carried out through an overarching Sustainable Urban Mobility Act, to be passed at the state level. The Motor Vehicle Act only covers motorized vehicles, hence a state law on urban mobility would not contravene or impinge on the implementation of the MV Act.

The components of this reform are: State Urban Mobility Law; Urban Mobility Regulator at the city level; State Urban Mobility Policy to be updated regularly and rules for interaction between

government agencies involved in urban planning.

3. Market regulator

Research on the regulatory environment in cities across India has shown that an effective market regulator at the city level needs to have legislative backing. A city-based independent regulator can be set up to perform the following functions:

Set tariffs for public, private and shared mobility services

Set merit order for mobility and provide licenses, recommend to the state to build infrastructure based on merit order Ensure access for pedestrians, handicapped people and non-motorized mobility Adjudicate disputes between mobility service providers and referring disputes to arbitration Conduct public hearings of tariff fixation, grievances and other matters Provide inputs into the city Development Plans, land use planning Provide inputs to police department on parking Develop options for the city to reduce congestion, including but not limited to congestion charging, restricting registration of new vehicles by RTO Require public transport operators to set up a unified ticketing system to ensure seamless transfer between modes Provide oversight on the functioning of public, private and para-transit options, based on compliance and service level parameters

The outline of the proposed Sustainable Urban Mobility legislation is below.

(Draft) [ name of state] Sustainable Urban Mobility Bill 2019

Preamble

An Act to

consolidate the laws relating to urban mobility; declare urban mobility area(s); take measures conducive to development of transport infrastructure, promoting competition, protecting interests of consumers, promotion of efficient and environmentally benign policies, and to promote sustainable, affordable, clean, safe, reliable, equitable access and mobility; reduce pollution, congestion, to provide for measures on the principle of Avoid-ShiftImprove; to promote merit order while developing mobility options and infrastructure; based on the principles of sustainability, affordability, equitable access; promote secure, resilient and efficient mobility; provide for the constitution of an Urban Mobility Regulator at the city level to coordinate between service providers, adjudicate upon disputes between service providers and users, to develop a Sustainable Urban Mobility Policy and provide input into planning decisions, conduct public hearings and grievance redressal;

Section 1:- Short title, extent and commencement

Name: Urban Mobility Act, 2019 Extent: Urban Mobility area to be notified. Commencement: Date of notification in the official gazette; different dates may apply for different provisions to come into force (stage wise applicability).

Section 2:- Definitions

“Sustainable Urban Mobility Policy”:-

Policy plan to promote sustainable, affordable, clean equitable access and mobility in cities based on the principle of Avoid-Shift-Improve. o mobility options that are economically prudent/ least system cost/ most

o o o o o affordable for the user; secure, resilient and efficient mobility; merit order while developing mobility options and infrastructure; sustainability, affordability, equitable access; changing public preference and changing technologies; review of data collection on urban mobility, environmental impact of

o existing and proposed mobility options; three yearly review

“Transportation” -

Public Transportation (a system available to the public, operating established routes while following a published schedule at set fares); Inter-Mediate Transportation services that supplement public transport systems by providing individual rides without fixed routes, schedules or fares); Personalised Vehicles; Non-motorised transport; Intelligent transport systems; parking; footpaths; pedestrian facilities; foot-over bridges etc ;

“Mobility”

movement of people or goods, including motorized and non-motorized transport. Mobility is measured in person kms per trip.

“Accessibility” ability of people to reach desired destinations, goods, services or activities, through improved transportation, improved mobility, change in land use.

“Multi-modal” diverse mobility

options including walking, cycling, public transit and automobile. This may or may not be under a single contract or service provider.

“Merit Order” method of ranking available mobility options, based on ascending order of price, or any other criteria

“Stage Carriage” motor vehicle carrying passengers from end to end, without stopping to pick up or drop passengers along the route

“Contract Carriage” motor vehicles with a carrying capacity greater than six, providing transport services along a fixed route

“Shared Mobility” shared use of a vehicle, bicycle or other mode of transportation on an as-needed basis

“Urban Mobility Regulator” independent regulatory agency at city level that is responsible for promoting clean, efficient, affordable mobility

“Unified Mobility Area” notification of specific area for stage wise implementation of the Act

“Urban transport Fund” Central Govt Allocations, State level urban transport fund; transport cess, other funds

Section 3:- Urban Mobility Area

Notification by the Urban Mobility Regulator the Territorial Limit of Area for stage wise implementation of the Act

Section 4:- Urban Mobility Regulator

At the city level, an independent Mobility Regulator is to be set up to implement the provisions of the Act and to promote affordable, efficient, environment friendly mobility options.

NOTE:- The office of the regulator will not provide any public transport services to ensure that there is separation between regulator and service operator. The regulator’s office aims to ensure that the city’s residents have affordable, efficient, accessible environment-friendly mobility options.

(a) Constitution

Every city shall within six months from the appointed date, by notification, constitute for the purposes of this Act, the (name of the city) Regulator. The regulator shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to contract The Regulator shall consist of not more than Four Members, including the Chairperson The Chairperson and members shall be appointed by the State Government on the recommendation of a selection committee

(b) Qualification for appointment of Chairperson and Members of Regulator

The Chairperson and the Members shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with problems relating to transportation, mobility, urban planning The Regulator shall consist of not more than Four Members, including the Chairperson o Chairperson to be expert from urban transport sector; o Member having expertise in urban development; town and country planning o Sitting or retired judge of High Court to be member o Commissioner of Municipal Corporation to be member ex offico The Chairperson or any other Member of the State Commission shall not hold any other office The Chairperson shall be the Chief Executive of the Mobility Regulator office

(c) Constitution of Selection Committee to select Regulator

The State Government shall, for the purposes of selecting the Regulator, constitute a Selection Committee consisting of: • Chief Secretary • Public Works Department of the State, not below the rank of [_________] and having jurisdiction in the Urban Mobility Area, as Member of the Authority; • Transport Department of the State, not below the rank of [__________________]

The Selection Committee shall finalise the selection within three months

(d) Functions of the Urban Mobility Regulator

Prepare Sustainable Urban Mobility Policy Regulate and establish co-ordination amongst transport agencies; land use agencies; PWD; Municipality; Forests; Irrigation; SEB; Railways; Urban Development Department; Dept of Town & Country Planning; Dept of Transport; Motor Vehicles Dept; RTO; State Road Transport Corporation; Road Fund; Road Safety Cell; Police Dept; etc Integrate urban transport, multi modal transport Promote sustainable, affordable, clean equitable access and mobility; Develop options for the city to reduce congestion, including but not limited to congestion charging, regulate registration of new vehicles by RTO Administer Urban transport Fund ; non-budgetary fund; mobilize; deploy; and manage funds to facilitate development of logistical infrastructure and amenities

Effective management of funds Ensuring better private sector participation Ensuring timely completion of projects through effective utilization of resources

Promoting private sector participation in infrastructural projects Funding feasibility studies for innovative road projects Constructing new roads wherever necessary Implementing road safety projects as are found essential for safe and smooth traffic movement Funding research related to maintenance and development of roads Developing existing road network systems including upgrading roads maintained by the PWD

NOTE:- Role is more of a facilitator to ensure various projects can be executed and are adequately financed.

Levy transport cess; congestion charges; Regulate tariffs for public, private and shared mobility services; parking charges; Set merit order for mobility based on Sustainable Urban Mobility Policy, Facilitate building of infrastructure based on merit order facilitate access for pedestrians, handicapped people and non-motorized mobility Establish and regulate Road Safety Cell

o Accident site improvement scheme o Road safety audit – model road o Junction improvements o Safety assessment of maintenance roads o Demonstration signs and markings o Improvement of hazardous locations

o GIS enabled road accident database

o o o Education Enforcement Road safety awareness program and Road Safety Action Plan

NOTE: UMR needs inter-departmental coordination, co-operation and collaboration among all stakeholders of road safety to enhance the safety culture of all road users.

Adjudicate disputes between mobility service providers and referring disputes to arbitration Conduct public hearings of tariff fixation, grievances and other matters Regulate public transport operators and set up a unified ticketing system to ensure seamless transfer between modes Regulate the functioning of public, private and para-transit options, based on compliance and service level parameters Discharge such other functions as may be assigned to it under this Act Advise the State Government on matters related to Sustainable Urban Mobility; Advise for city Development Plans, land use planning, Advise police department on parking Make Regulations to implement the Act

(e) Powers of the Urban Mobility Regulator

▪ Issue binding directions to urban transport agencies ▪ Order penalty ▪ summoning and enforcing the attendance of any person and examining him on oath;

discovery and production of any document or other material object producible as evidence; receiving evidence on affidavits; requisitioning of any public record; issuing commission for the examination of witnesses; reviewing its decisions, directions and orders; power of entry and seizure An order shall be executable by UMR as a decree of civil court and, for this purpose, the UMR shall have all the powers of a civil court.

(f)

•

Post-employment conditions

Any member ceasing to hold office as such shall –

(a) not accept any commercial employment for a period of two years from the date he ceases to hold such office; and (b) not represent any person before the Regulator in any manner.

Section 7: Sustainable Urban Mobility Policy

Objective

The UMR will develop an Urban Mobility Policy which will lay out the goals to achieve in the area of urban mobility and the methods and principles that can be used to achieve it.

Some of the key areas to be covered by the policy are :-

Infrastructure planning and design Fund requirement and mobilisation Land acquisition Project execution Asset management and control Training and Education Institutional restructuring Stakeholder participation and transparency

General Approach towards Mobility

The basis of the policy is the principle of “Avoid- Shift- Improve”. Avoid refers to changes in land use and urban planning, to reduce the need for mobility. Shift refers to people selecting the most environmentally benign mode, prioritising non-motorised transport and public transport. Improve refers to harnessing efficient technologies- from fuel choice to infrastructure building.

Data Gathering

The policy will contain the following details on data collection – type of data to be gathered, methodology, analysis, dissemination, frequency, appointment of agency to gather data. Data will be gathered on various aspects of demand, supply, environmental impact, technology changes in urban mobility. The policy is to be updated based on analysis of the findings of the survey and the results are to be made public.

The policy will be a living document to be revised every 3 years, based on priorities of the state and the findings of a survey on mobility services. The aim of the policy is not to prescribe in detail how the mobility sector develops or implements regulation; rather it provides best practice expectations to guide regulatory activities.

Draft to be published Public Hearing

Section 8: State Govt to make Rules

Salaries, allowances, terms and conditions of service of the Chairperson and the Members of the UMR; Other matters which are, or may be, prescribed under this Act.

Section 9: Appeals

State Govt shall constitute the Appellate Tribunal for Transport Dispute Settlement

Appeals against decisions made by the UMR before the Appellate Tribunal for Transport Dispute Settlement

Section 10: Miscellaneous

Nothing contained in this Act or any rule or regulation made thereunder or any instrument having effect by virtue of this Act, rule or regulation shall have effect in so far as it is inconsistent with any other provisions of the Motor Vehicles Act,1988.

The provisions of this Act are in addition to and not in derogation of any other law for the time being in force.

Section 11: Amendments to other State Acts

State Regional and Town Planning Act

NOTE:- All relevant local laws to be examined, depending on the state. A detailed exercise will need to be carried out to see whether any existing laws need to be overridden by this legislation.